Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2741 of 2019 Applicant :- Chandrika Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Sandeep Kumar Singh, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 5.11.2018 against thirteen accused persons, namely Umesh, Shivdhar, Pappu @ Jilajeet, Udai Narayan, Prabhu Narayan, Rajkumar @ Santosh, Ashok, Vinod, Amrit, Nehal @ Chandrika Prasad, Munna @ Vishwajeet, Lal Bahadur, Dhannan Devi alleging that on 4.11.2018, they assaulted Ramlal and Shyamlal. Shyamlal received four head injuries, resultantly died.
It is submitted by learned counsel for the applicant that co- accused namely Amritlal Yadav and Munna Lal @ Vishwjeet have already been granted bail by this Court vide order dated 8.1.2019 in Criminal Misc. Bail Application No. 610 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against all accused persons. It is not clear from the prosecution case who is the author of that injury due to which he died. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 16.11.2018 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Amritlal Yadav and Munna Lal @ Vishwjeet who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Chandrika Yadav involved in Case Crime No. 650 of 2018, under Sections 147, 304, 308, 323, 504, 506 IPC, Police Station Robertsganj, District Sonbhadra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 A. Singh